HomeMy WebLinkAbout1992-03-09 Resolution 3088CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3088
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER NUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #1713
WHEREAS, Whitney and Betty MacMillan, (hereinafter "the
applicants") are the owners of the property located at 1560 Fox
Street within the City of Orono (hereinafter "City") and legally
described as Lot 2, Block 1, MacMillan Addition, Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City
of Orono to permit a land alteration that will involve the
relocating of a low retention area to the immediate east. The
land alteration involves the movement of approximately 800 - 1000
cubic yards of earth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1713.
2. The property is located in the RR-lB Rural Residential
Zoning District requiring a minim—n of 2 acres in area.
3. The property is approximately 5+ a -�s in area.
4. The Orono Planning Commission reviewed this application
on February 18, 1992 and recommended approval of the
conditional use permit for the land alteration as
proposed based on the following findings:
A. The proposed land alteration will not result in a
reduction of water storage.
B. The project will maintain positive drainage and
have no iml .ct on adjacent properties.
C. The low retention area or fresh meadow Is not
classified as a designated wetland.
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The City Council finds that granting a conditional use
permit to allow the land alteration will not be be
detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor
pose a fire hazard or other danger to neighboring
properties, nor will its use depreciate surrounding
property values and that the proposed level of use of
the property will be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of
the City.
O
CITY of ORONO
G~ RESOLUTION OF THE CITY COUNCIL
NO. 3088
6. The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by staff and comments of
applicant's consultant and the affect of the proposed
use on the health, safety of the
community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit per Municipal
Zoning Code Section 10.03, Subdivision 19 for the proposed land
alteration involving 800 - 1000 cubic yards of earth movement,
subject to the following conditions:
1. Applicant shall provide appropriate erosion control
throughout the entire project until all disturbed areas
are restored with appropriate ground cover.
2. Positive drainage shall be maintained.
.3. Authorities granted by this resolution run with the
property not with the applicants, but are permissive
only and must be exercised by the installation of the
land alteration within one year of the date of Council
approval or the special conditions of this resolution
will expire on that date (March 9, 1993).
4. Violation of or non-compliance with any of the terms
and conditions of this resolution shall constitute a
violation of the Zoning Code, shall automatically
te,-minate any authority granted herein, and shall be
oui :habl3 as a misdemeanor.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .i088
5. Th^ undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on
behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 9th day of
March, 1992.
AT ST:
fV6fothX N Hallin, City Clerk
Propetty Owner(s)
STATE OF %HENESOTAIN
)
)
COUNTY OF )
The f ore i;
this 9th day of MaiN
Hallin, Mayor & Cit,
municipal corporation
of the City.
G.
L11
VEM ESA
51*41PA NICOUNTYMymissron gxplf" b12 M
as.
arbara A. Peterson, Mayor
"Y-
g instrument was SOnowledged before me on
�i, 1992, by Baera A. Peterson & Dorothy M.
\Clerk of th ity of Orono, a MinneEota
aM said instrument was executed on behalf
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A.
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3088
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 12th day of Mauch , 19922
before me a Notary Public within and for said county, personally
appeared Whitney MaccMillan and Elizabeth S_ Mwr.Mill,, known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that AWe ( they) executed the same as
hft (their) free act and deed.
ALLISON G. GUNLOC
NOTARY PunLIC—IAUACTIKA
HENNEPIN COUNTY
My Comm Expires Jan 29, 1996
r
•
STATE
OF MINNESOTA )
)ss.
COUNTY
OF HENNEPIN )
/A' / --WO-TARY P 'im-NEENA
The foregoing instrument was acknowledged -before -me
On this 9th day of March , 199�, before me
a Notary Public within and for said County, personally appeared
Barbara A. Peterson & Dorcw ly M. Hallin known to me to be the*
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LINDI S. COUNTY
NOTARY PLOW- IMNNEWA U
HENNEPIN C011MTY
My oomnft*%n .oroN.e 612-ib
NOTARY PUBLIC
yor City C erk of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
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